ADOPTION LEAVE AND PAY POLICY (April 2012)

1.  Statutory Adoption Leave (UK adoptions)

If you adopt a child, you may have the right to 52 weeks of Statutory Adoption Leave. This is made up of 26 weeks of ordinary adoption leave followed by 26 weeks of additional adoption leave.

2.  Qualifying for Statutory Adoption Leave

2.1  To qualify for Statutory Adoption Leave, you must:
• be an employee of the Company;
• be newly matched with a child by an adoption agency ('matched' means that the adoption agency gives you the details of the child they think is suitable for you to adopt);
• have worked continuously for the Company for at least 26 weeks before the beginning of the week when you are matched with a child.

2.2  So long as you meet the above criteria and you give the Company the correct notice, you can take Statutory Adoption Leave no matter:
• how many hours you work;
• how much you are paid.

2.3  You must give the Company documentary proof to show that you have the right to paid Statutory Adoption Leave. This is usually a matching certificate from your adoption agency. The adoption agency must be recognised in the UK.

2.4  You will not qualify for Statutory Adoption Leave or Pay if you:
• arrange a private adoption;
• become a special guardian;
• adopt a stepchild;
• have a child through surrogacy.
If you are adopting a child from overseas then different rules apply (see paragraph 6 below). 3.  If you don't qualify for Statutory Adoption Leave

If you don't qualify for Statutory Adoption Leave you could consider taking paid holiday, unpaid leave or parental leave.

4.  Taking your Statutory Adoption Leave

4.1  You can start your Statutory Adoption Leave either:
• from the date the child starts living with you;
• up to 14 days before the date you expect the child to start living with you.

4.2  Your Statutory Adoption Leave can start on any day of the week.

4.3  You need to tell the Company that you want to take Statutory Adoption Leave within 7 days of being told that you have been matched with a child for adoption. If it is not possible to tell the Company within 7 days, you must tell them as soon as possible.

4.4  You must also tell the Company:
• when you expect the child to be placed with you;
• when you want your Statutory Adoption Leave to start.

4.5  You can change your Statutory Adoption Leave start date so long as you give the Company at least 28 days' notice.

4.6  The Company will tell you within 28 days of receiving your notice, the date on which your Statutory Adoption Leave will end. This will be 52 weeks after it starts. You can return earlier than this as long as you give the Company 8 weeks' notice.

5.  Additional Paternity Leave

Your co-adopter could have the right of up to 26 weeks' Additional Paternity Leave. This is in addition to the two weeks' Statutory Paternity Leave they could be entitled to. Additional Paternity Leave can be taken after 20 weeks after the child starts living with you. It must finish before the first anniversary of the child starting to live with you.

6.  Statutory Adoption Leave (overseas adoptions)

If you live in Britain and adopt a child from overseas you may have the right to take up to 52 weeks' Statutory Adoption Leave and receive Statutory Adoption Pay for part of that time. Your partner may also be able to take Statutory Paternity Leave and Pay.

7.  Qualifying for Statutory Adoption Leave with overseas adoptions

7.1  If you qualify, you have the right to 52 weeks of Statutory Adoption Leave. This is made up of 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave.

7.2  To qualify for Statutory Adoption Leave you must:
• be the child's adopter;
• have worked for the Company continuously for at least 26 weeks by the time you wish to start your Statutory Adoption Leave;
• have received official notification confirming the central authority has, or is prepared to, issue a certificate confirming you are eligible to adopt and have been assessed and approved as being a suitable adoptive parent.

7.3  So long as you meet the above criteria and you give the Company the correct notice, you can take Statutory Adoption Leave no matter:
• how many hours you work;
• how much you are paid.

7.4  You must give the Company notice that you want to take Statutory Adoption Leave. You will need to be able to confirm to the Company that you have received official notification. This is when you receive notification that the central authority is prepared to issue a certificate or has issued the certificate.

7.5  If you live in England the central authority will be the Department for Education, in Scotland it will be the Scottish Executive, in Wales it will be the Welsh Assembly.

7.6  If you are adopting a relative from overseas you can also qualify for Statutory Adoption Leave and Pay if you have been assessed and approved as being a suitable adoptive parent.

8.  If you don't qualify for Statutory Adoption Leave

If you don't qualify for Statutory Adoption Leave you could consider taking paid holiday, unpaid leave or parental leave. You may still be entitled to Statutory Adoption Pay.

9.  Taking your Statutory Adoption Leave

9.1  If you qualify, you have the right to 52 weeks of Statutory Adoption Leave. This is made up of 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave.

9.2  You can start your leave either:
• from the date the child starts living with you;
• up to 14 days before the date you expect the child to start living with you.

9.3  Your leave can start on any day of the week.

10.  Telling the Company about your Statutory Adoption Leave

10.1  You must give the Company:
•  the right notice of when you want to start your Statutory Adoption Leave and Pay;
•  evidence to confirm your entitlement.

10.2  You must give this notice to the Company in writing.

11.  There are three stages to the notice you must give.

11.1  First notification stage

11.1.1  You should tell the Company both:
•  the date on which you received official notification;
•  the date on which your child is expected to enter Great Britain.

11.1.2  When you must do this depends on how long you have worked for the Company.

11.1.3  You must give the Company notice within 28 days of receiving official notification if you have worked the Company for 26 weeks.

11.1.4  If you haven't worked for the Company for 26 weeks, you must give notice within 28 days of completing 26 weeks' service.

11.2  Second notification stage.

11.2.1  You must give the Company at least 28 days' notice of the actual date you want your Statutory Adoption Leave and Statutory Adoption Pay to start. You can give this notice at the first notification stage if you know the date.

11.2.3  Statutory Adoption Leave and Pay cannot start before the child enters Great Britain.

11.2.4  You can change your mind about the date you want your leave to start but must tell the Company at least 28 days before the new date. If this is not possible you must tell the Company as soon as is reasonably practical.

11.3  Third notification stage (after the child has entered Great Britain).

11.3.1  You must tell the Company the date your child actually entered Great Britain. You must do this within 28 days of your child's date of entry. If you are also claiming Statutory Adoption Pay you need to give evidence of the entry date. This could be a copy of a passport stamp or visa.

12.  Additional Paternity Leave

Your co-adopter could have the right of up to 26 weeks' Additional Paternity Leave. This is in addition to the two weeks' Statutory Paternity Leave they could be entitled to. Additional Paternity Leave can be taken after 20 weeks after the child is born. It must finish before the child's first birthday.

13.  Entitlements during Statutory Adoption Leave

13.1  Your rights during your Statutory Adoption Leave are the same if you are adopting from the UK or from overseas.

13.2  While you are on Statutory Adoption Leave your employment terms and conditions are protected. You keep your normal employment rights and benefits (excluding wages) throughout all of your Statutory Adoption Leave. This might include any access to benefits you have as part of your employment contract, for example a mobile phone. However, if the benefit is provided for business use, the Company may suspend it.

14.  Holiday entitlement during Statutory Adoption Leave

14.1  You still build up all your entitlements to paid holiday through all of your Statutory Adoption Leave. This is even if your contract says you are entitled to more than the statutory minimum.

14.2  You can add holiday to the beginning or end of your Statutory Adoption Leave. You may not be able to carry over untaken holiday entitlement if your Statutory Adoption Leave goes over two holiday years. It is often best to take this at the beginning of your leave.

15.  Redundancy or dismissal during Statutory Adoption Leave

15.1  The Company can make you redundant while you are on adoption leave if the redundancy is justified. For example, the Company might close the part its business in which you normally work in and make all employees in that part redundant.

15.2  However, if you are made redundant whilst on Statutory Adoption Leave, you have special rights. You have the right to be offered any suitable alternative job in the Company. This applies even if there are other employees that might be more suitable for the job.

15.3  If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from adoption leave. This four-week trial period is to help you decide if it is suitable alternative employment.

15.4  If you are made redundant or dismissed during your Statutory Adoption Leave the Company must give you a written statement explaining the reasons for the redundancy decision. You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them.

16.  Keeping in touch

16.1  The Company is entitled to make reasonable contact with you during Statutory Adoption Leave. For example, this might be to discuss arrangements for your return to work or to update you on any significant changes in the workplace.

16.2  You are also entitled to do up to 10 days' work during your adoption leave without losing adoption pay or bringing your leave to an end. These are called keeping in touch days - and may only be worked if both you and the Company agree.

16.3  Although particularly useful for things such as training or team events, keeping in touch days may be used for any form of work. They should make it easier for you to return to work after your leave.

16.4  You will need to agree with the Company what work is to be done and how much pay you will receive.

17.  Statutory Adoption Pay

Statutory Adoption Pay is a weekly payment you get from the Company to help take time off work when you adopt a child.

18.  Who is eligible for Statutory Adoption Pay?

18.1  To qualify for Statutory Adoption Pay you must have been:
• matched with a child for adoption by an adoption agency;
• employed by the Company without a break for at least 26 weeks up to and including the week the adoption agency told you that you had been matched with a child for adoption;
• earning an average of at least £107 a week (before tax).

19.  How much do you get?

19.1  If your average weekly earnings are £107 or more (before tax). Statutory Adoption Pay is paid at £135.45 or 90 per cent of your average weekly earnings if this is less.

19.2  If you qualify, you will be entitled to Statutory Adoption Pay for 39 weeks.

20.  How Statutory Adoption Pay is paid

20.1  The Company will pay Statutory Adoption Pay to you in the same way and at the same time as your normal wages.

20.2  Statutory Adoption Pay is treated as normal pay and so tax and National Insurance will be deducted as usual.

21.  How and when to claim

21.1  To claim Statutory Adoption Pay you must give the Company documentary evidence from the adoption agency. This will usually be a 'matching certificate'.

21.2  You must also tell the Company when you intend to take leave. This must be within 7 days of being told by the adoption agency that you've been matched with a child.

21.3  You can choose when to start getting your Statutory Adoption Pay. It can start from the date of the child's placement or up to 14 days before the expected date of the placement.

21.4  If you have more than one job, you may be able to get Statutory Adoption Pay from each employer.

21.5  You may work for the Company for 10 days without losing any Statutory Adoption Pay.

22.  Returning to work

22.1  When returning to work after Ordinary Adoption Leave (the first 26 weeks of your Statutory Adoption Leave), you have a right to the same job and the same terms and conditions as if you had not been away.

22.2  This also applies when you come back after Additional Adoption Leave (the last 26 weeks of your Statutory Adoption Leave). However, if the Company shows it is not reasonably practical to return to your original job (eg because the job no longer exists) you do not have the same right. In that case, the Company will offer you alternative work with terms and conditions as if you had not been away.

23.  Giving notice of your return to work

23.1  The Company will assume that you will take all 52 weeks of your Statutory Adoption Leave. If you take the full 52 weeks, you do not need to give notice that you are coming back. However, it can be a good idea to do so.

23.2  If you wish to return earlier, for example, when your Statutory Adoption Pay ends or because your partner is taking Additional Paternity Leave, you must give at least 8 weeks’ notice. If you do not, the Company can insist that you do not return until the 8 weeks have passed.

23.3  You must tell the Company that you:
• are returning to work early;
• want to change the date of your return.

23.4  If you decide not to return to work at all, you must give the Company notice in the normal way.

24.  Illness at the end of your Statutory Adoption Leave

If you cannot return to work at the end of your Statutory Adoption Leave because of illness, tell the Company in the normal way.

25.  Flexible working

Parents of children aged 16 and under, or of disabled children aged 18 and under, are entitled to request a flexible working pattern. This can help you balance caring for your child and work. The Company will consider your request in accordance with the Company's Flexible Working Policy.

26.  Taking parental leave after Statutory Adoption Leave

26.1  If you need more time off to look after your child you may be able to take parental leave. You can take up to 4 weeks' parental leave at the end of your Statutory Adoption Leave without affecting your right to return.

26.2  If you take more than 4 weeks you will be able to return to the same job unless this is not reasonably practical. In this case the Company will offer you alternative work that is suitable to you and with terms and conditions as if you had not been absent.

26.3  Parental leave does not have to follow straight after Statutory Adoption Leave. You can take parental leave at a later time after you have returned to work.

27.  Additional Paternity Leave

27.1  If you have jointly adopted a child, your spouse, partner or civil partner could have the right to up to 26 weeks' Additional Paternity Leave. This is in addition to the two weeks' Ordinary Paternity Leave they could be entitled to.

27.2  You must have returned to work before your co-adopter can take Additional Paternity Leave.

27.3  If the father decides to take Additional Paternity Leave you will be asked for a signed declaration stating:
• your name, address (including postcode) and National Insurance number;
• that you are entitled to Statutory Adoption Pay (or Statutory Adoption Leave if they are applying for unpaid Additional Paternity Leave only);
• you have given notice of your intention to return to work and the date you intend to return to work;
• the start date of your Statutory Adoption Pay period (if they are applying for Additional Statutory Paternity Pay);
• that they are the only person taking Additional Paternity Leave or pay in respect of the child;
• you consent to the Company processing the information given in the declaration;
• they have been matched with the child for adoption and are your spouse, partner or civil partner (including same-sex relationships).

27.4  Please ask for a copy of the Company's Paternity Leave Policy.